Sunday, March 23, 2008

Gibson sues over "Guitar Hero" and "Rock Band"


By Ilaina Jonas


NEW YORK (Reuters) -
Gibson Guitar said on Friday that it
filed a patent infringement lawsuit against Viacom Inc's MTV
networks, Harmonix and Electronic Arts relating to the wildly
popular "Rock Band" video game and Harmonix's previously
developed game, "Guitar Hero."

The lawsuit, filed in Federal District Court in Tennessee,
relates to the same patent involved in another suit Gibson
filed earlier against various retailers of "Guitar Hero," a
competitor to "Rock Band," the Tennessee-based guitar maker
said in a statement.

The "Guitar Hero" series, published by Activision), has
sold more than 14 million units in North America and raked in
more than $1 billion since its 2005 debut, while "Rock Band" is
a newer rival.

Gibson said the games, in which players use a guitar-shaped
controller in time with notes on a television screen, violate a
1999 patent for technology to simulate a musical performance.

Harmonix developed the first "Guitar Hero" game and was
later bought by MTV. Electronic Arts publishes "Rock Band" and
another company, Activision Inc, as well as several retailers,
either develop, distribute or sell one or several of the games
in the "Guitar Hero" series.

"This lawsuit is completely without merit and we intend to
defend it vigorously," Harmonix said in a statement.

A spokesperson for Electronic Arts could not be reached for
comment.

Earlier this month, Activision filed a preemptive suit
against Gibson, which had complained that the games infringe
upon one of its patents.

Activision filed a lawsuit asking the U.S. District Court
for Central California to declare Gibson's patent invalid and
to bar it from seeking damages.

Gibson, whose electric guitars are used by legendary blues
and rock artists such as Eric Clapton, B.B. King and Slash, has
been a high-profile partner in the "Guitar Hero" games.

Activision licensed the rights to model its video
controllers on Gibson guitar models and to use their likenesses
in the game.

Activision has said that by waiting three years to raise
its claim, Gibson had granted an implied license for any
technology.

(Editing by Christian Wiessner)

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